70. The Court notes that, moral prejudice is that which results from the suffering,
anguish and changes in the living conditions for the victim and his family.26
As established in this judgment, the Applicant suffered several violations
which inherently involve moral prejudice. These include imposition of the
mandatory death penalty, the death row, all of them compounded by overall
inhuman and degrading treatment. The Court further observes that in the
instant Application, while the death sentence is yet to be carried out, the
Applicant has inevitably suffered prejudice from the established violations
caused by the imposition of the mandatory death sentence.
71. In light of the foregoing, the Court holds that the Applicant is entitled to moral
damages as there is a presumption that he has suffered some form of moral
prejudice as a result of the above-mentioned violations. The Court has held
that the assessment of quantum in cases of moral prejudice must be done
in fairness and taking into account the circumstances of the case.27 The
practice of the Court, in such instances, is to award lump sums for moral
loss.28
72. ln view of all of the above, and taking into account similar cases involving
the Respondent State,29 the Court awards the Applicant the sum of Three
Hundred Thousand Shillings Tanzania Shillings (TZS 300,000) as moral
damages.
26
Mtikila v. Tanzania (reparations), supra, § 34; Cheusi v. Tanzania (judgment), supra, § 150 and Viking
and Another v. Tanzania (reparations), supra, § 38.
27 Juma v. Tanzania (judgment), supra, § 144; Viking and Another v. Tanzania (reparations), supra, §
41 and Umuhoza v. Rwanda (reparations), supra, § 59.
28 Zongo and Others v. Burkina Faso (reparations), supra, §§ 61-62 and Guehi v. Tanzania (merits and
reparations), supra, § 177.
29 Crospery Gabriel and Another v. United Republic of Tanzania, ACtHPR, Application No. 050/2016,
Judgment of 13 February 2024 (merits and reparations), § 153; Romward William v. United Republic of
Tanzania, ACtHPR, Application No. 030/2016, Judgment of 13 February 2024 (merits and reparations),
§ 86.
17